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Minnesota Whisky Plates

Q: Is there any way around having to have a Whisky plate on my vehicle? I would rather not have everybody know that I got a DWI.

A: In certain Minnesota DWI cases, the State will issue special license plates that have letters indicating that the person got a DWI. This typically happens on a second DWI or in a situation where the alcohol test resulted in a body alcohol content of 0.20 or greater.

The great disadvantages of having one of these plates are:

Everybody who is familiar with them will know that you got a DWI; and

It could result in more frequent traffic stops by police officer, during which you will be closely monitored for signs of drinking or impairment.

It may be possible to avoid having to have a Whisky plate, and in fact save your original license plate.

Below is a picture of a Minnesota Whisky Plate.

The numbers in this Minnesota DWI Whisky Plate have been distorted to protect the privacy of the owner.

169A.60 ADMINISTRATIVE IMPOUNDMENT OF PLATES.Subdivision 1. Definitions. (a) As used in this section, the following terms have themeanings given in this subdivision.(b) “Family or household member” has the meaning given in section 169A.63, subdivision 1.(c) “Motor vehicle” means a self-propelled motor vehicle other than a motorboat in operationor an off-road recreational vehicle.(d) “Plate impoundment violation” includes:(1) a violation of section 169A.20 (driving while impaired) or 169A.52 (license revocationfor test failure or refusal), or a conforming ordinance from this state or a conforming statute orordinance from another state, that results in the revocation of a person’s driver’s license or drivingprivileges, within ten years of a qualified prior impaired driving incident;(2) a license disqualification under section 171.165 (commercial driver’s licensedisqualification) resulting from a violation of section 169A.52 within ten years of a qualified priorimpaired driving incident;(3) a violation of section 169A.20 or 169A.52 while having an alcohol concentration of 0.20or more as measured at the time, or within two hours of the time, of the offense;(4) a violation of section 169A.20 or 169A.52 while having a child under the age of 16 in thevehicle if the child is more than 36 months younger than the offender; and(5) a violation of section 171.24 (driving without valid license) by a person whose driver’slicense or driving privileges have been canceled under section 171.04, subdivision 1, clause (10)(persons not eligible for driver’s license, inimical to public safety).(e) “Violator” means a person who was driving, operating, or in physical control of the motorvehicle when the plate impoundment violation occurred.Subd. 2. Plate impoundment violation; impoundment order. (a) The commissioner shallissue a registration plate impoundment order when:(1) a person’s driver’s license or driving privileges are revoked for a plate impoundmentviolation; or(2) a person is arrested for or charged with a plate impoundment violation described insubdivision 1, paragraph (d), clause (5).(b) The order must require the impoundment of the registration plates of the motor vehicleinvolved in the plate impoundment violation and all motor vehicles owned by, registered, orleased in the name of the violator, including motor vehicles registered jointly or leased in thename of the violator and another. The commissioner shall not issue an impoundment order forthe registration plates of a rental vehicle, as defined in section 168.041, subdivision 10, or avehicle registered in another state.Subd. 3. Notice of impoundment. An impoundment order is effective when thecommissioner or a peace officer acting on behalf of the commissioner notifies the violator or theregistered owner of the motor vehicle of the intent to impound and order of impoundment. Thenotice must advise the violator of the duties and obligations set forth in subdivision 6 (surrenderof plates) and of the right to obtain administrative and judicial review. The notice to the registeredowner who is not the violator must include the procedure to obtain new registration plates undersubdivision 8. If mailed, the notice and order of impoundment is deemed received three days aftermailing to the last known address of the violator or the registered owner.Subd. 4. Peace officer as agent for notice of impoundment. On behalf of the commissioner,a peace officer issuing a notice of intent to revoke and of revocation for a plate impoundmentviolation shall also serve a notice of intent to impound and an order of impoundment. On behalfof the commissioner, a peace officer who is arresting a person for or charging a person with aplate impoundment violation described in subdivision 1, paragraph (d), clause (5), shall alsoserve a notice of intent to impound and an order of impoundment. If the vehicle involved inthe plate impoundment violation is accessible to the officer at the time the impoundment orderis issued, the officer shall seize the registration plates subject to the impoundment order. Theofficer shall destroy all plates seized or impounded under this section. The officer shall send tothe commissioner copies of the notice of intent to impound and the order of impoundment and anotice that registration plates impounded and seized under this section have been destroyed.Subd. 5. Temporary permit. If the motor vehicle is registered to the violator, the officershall issue a temporary vehicle permit that is valid for seven days when the officer issues thenotices under subdivision 4. If the motor vehicle is registered in the name of another, the officershall issue a temporary vehicle permit that is valid for 45 days when the notices are issued undersubdivision 3. The permit must be in a form determined by the registrar and whenever practicablemust be posted on the left side of the inside rear window of the vehicle. A permit is valid only forthe vehicle for which it is issued.Subd. 6. Surrender of plates. Within seven days after issuance of the impoundment notice,a person who receives a notice of impoundment and impoundment order shall surrender allregistration plates subject to the impoundment order that were not seized by a peace officerunder subdivision 4. Registration plates required to be surrendered under this subdivision mustbe surrendered to a Minnesota police department, sheriff, or the State Patrol, along with a copyof the impoundment order. A law enforcement agency receiving registration plates under thissubdivision shall destroy the plates and notify the commissioner that they have been destroyed.The notification to the commissioner shall also include a copy of the impoundment order.Subd. 7. Vehicle not owned by violator. A violator may file a sworn statement with thecommissioner within seven days of the issuance of an impoundment order stating any materialinformation relating to the impoundment order, including that the vehicle has been sold ordestroyed, and supplying the date, name, location, and address of the person or entity thatpurchased or destroyed the vehicle. The commissioner shall rescind the impoundment order if theviolator shows that the impoundment order was not properly issued.Subd. 8. Reissuance of registration plates. (a) The commissioner shall rescind theimpoundment order of a person subject to an order under this section, other than the violator, if:(1) the violator had a valid driver’s license on the date of the plate impoundment violationand the person files with the commissioner an acceptable sworn statement containing thefollowing information:(i) that the person is the registered owner of the vehicle from which the plates have beenimpounded under this section;(ii) that the person is the current owner and possessor of the vehicle used in the violation;(iii) the date on which the violator obtained the vehicle from the registered owner;(iv) the residence addresses of the registered owner and the violator on the date the violatorobtained the vehicle from the registered owner;(v) that the person was not a passenger in the vehicle at the time of the plate impoundmentviolation; and(vi) that the person knows that the violator may not drive, operate, or be in physical controlof a vehicle without a valid driver’s license; or(2) the violator did not have a valid driver’s license on the date of the plate impoundmentviolation and the person made a report to law enforcement before the violation stating that thevehicle had been taken from the person’s possession or was being used without permission.(b) A person who has failed to make a report as provided in paragraph (a), clause (2),may be issued special registration plates under subdivision 13 for a period of one year fromthe effective date of the impoundment order. Following this period, the person may apply forregular registration plates.(c) If the order is rescinded, the owner shall receive new registration plates at no cost, if theplates were seized and destroyed.Subd. 9. Administrative review. (a) At any time during the effective period of animpoundment order, a person may request in writing a review of the impoundment order bythe commissioner. On receiving a request, the commissioner or the commissioner’s designeeshall review the order, the evidence upon which the order was based, and any other materialinformation brought to the attention of the commissioner, and determine whether sufficient causeexists to sustain the order. The commissioner shall report in writing the results of the reviewwithin 15 days of receiving the request. The review provided in this subdivision is not subject tothe contested case provisions of the Administrative Procedure Act in sections 14.001 to 14.69. Asa result of this review, the commissioner may authorize the issuance at no cost of new registrationplates to the registered owner of the vehicle if the registered owner’s license or driving privilegeswere not revoked as a result of the plate impoundment violation.(b) Review under this subdivision must take place, if possible, at the same time as anyadministrative review of the person’s license revocation under section 169A.53 (administrativeand judicial review of license revocation).Subd. 10. Petition for judicial review. (a) Within 30 days following receipt of a notice andorder of impoundment under this section, a person may petition the court for review. The petitionmust include proof of service of a copy of the petition on the commissioner. The petition mustinclude the petitioner’s date of birth, driver’s license number, and date of the plate impoundmentviolation, as well as the name of the violator and the law enforcement agency that issued the plateimpoundment order. The petition must state with specificity the grounds upon which the petitionerseeks rescission of the order for impoundment. The petition may be combined with any petitionfiled under section 169A.53 (administrative and judicial review of license revocation).(b) Except as otherwise provided in this section, the judicial review and hearing aregoverned by section 169A.53 and must take place at the same time as any judicial review of theperson’s license revocation under section 169A.53. The filing of the petition does not stay theimpoundment order. The reviewing court may order a stay of the balance of the impoundmentperiod if the hearing has not been conducted within 60 days after filing of the petition uponterms the court deems proper. The court shall order either that the impoundment be rescindedor sustained, and forward the order to the commissioner. The court shall file its order within 14days following the hearing.(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial review oflicense revocation), the scope of a hearing under this subdivision is limited to:(1) if the impoundment is based on a plate impoundment violation described in subdivision1, paragraph (d), clause (3) or (4), whether the peace officer had probable cause to believe theviolator committed the plate impoundment violation and whether the evidence demonstrates thatthe plate impoundment violation occurred; and(2) for all other cases, whether the peace officer had probable cause to believe the violatorcommitted the plate impoundment violation.(d) In a hearing under this subdivision, the following records are admissible in evidence:(1) certified copies of the violator’s driving record; and(2) certified copies of vehicle registration records bearing the violator’s name.Subd. 11. Rescission of revocation and dismissal or acquittal; new plates. If:(1) the driver’s license revocation that is the basis for an impoundment order is rescinded; and(2) the charges for the plate impoundment violation have been dismissed with prejudice orthe violator has been acquitted of the plate impoundment violation;then the registrar of motor vehicles shall issue new registration plates for the vehicle at no cost,when the registrar receives an application that includes a copy of the order rescinding the driver’slicense revocation and either the order dismissing the charges or the judgment of acquittal.Subd. 12. Charge for reinstatement of plates in certain situations. When the registrar ofmotor vehicles reinstates a person’s registration plates after impoundment for reasons other thanthose described in subdivision 11, the registrar shall charge the person $50 for each vehicle forwhich the registration plates are being reinstated.Subd. 13. Special registration plates. (a) At any time during the effective period of animpoundment order, a violator or registered owner may apply to the commissioner for newregistration plates, which must bear a special series of numbers or letters so as to be readilyidentified by traffic law enforcement officers. The commissioner may authorize the issuanceof special plates if:(1) the violator has a qualified licensed driver whom the violator must identify;(2) the violator or registered owner has a limited license issued under section 171.30;(3) the registered owner is not the violator and the registered owner has a valid or limiteddriver’s license;(4) a member of the registered owner’s household has a valid driver’s license; or(5) the violator has been reissued a valid driver’s license.(b) The commissioner may not issue new registration plates for that vehicle subject to plateimpoundment for a period of at least one year from the date of the impoundment order. Inaddition, if the owner is the violator, new registration plates may not be issued for the vehicleunless the person has been reissued a valid driver’s license in accordance with chapter 171.(c) A violator may not apply for new registration plates for a vehicle at any time before theperson’s driver’s license is reinstated.(d) The commissioner may issue the special plates on payment of a $50 fee for each vehiclefor which special plates are requested.(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon request newregistration plates for a vehicle for which the registration plates have been impounded if:(1) the impoundment order is rescinded;(2) the vehicle is transferred in compliance with subdivision 14; or(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section 168.27,a financial institution that has submitted a repossession affidavit, or a government agency.Subd. 14. Sale of vehicle subject to impoundment order. (a) A registered owner maynot sell or transfer a motor vehicle during the time its registration plates have been orderedimpounded or during the time its registration plates bear a special series number, unless:(1) the sale is for a valid consideration;(2) the transferee and the registered owner are not family or household members;(3) the transferee signs an acceptable sworn statement with the commissioner attesting that:(i) the transferee and the violator are not family or household members;(ii) the transferee understands that the vehicle is subject to an impoundment order; and(iii) it is a crime under section 169A.37 to file a false statement under this section or toallow the previously registered owner to drive, operate, or be in control of the vehicle during theimpoundment period; and(4) all elements of section 168A.10 (transfer of interest by owner) are satisfied.(b) If the conditions of paragraph (a) are satisfied, the registrar may transfer the title to thenew owner upon proper application and issue new registration plates for the vehicle.Subd. 15. Acquiring another vehicle. If the violator applies to the commissioner forregistration plates for any vehicle during the effective period of the plate impoundment, thecommissioner shall not issue registration plates unless the violator qualifies for special registrationplates under subdivision 13 and unless the plates issued are special plates as described insubdivision 13.Subd. 16. Fees credited. Fees collected from the sale or reinstatement of license plates underthis section must be paid into the state treasury and credited one-half to the vehicle servicesoperating account in the special revenue fund specified in section 299A.705 and one-half tothe general fund.Subd. 17. Plate impoundment; penalty. Criminal penalties for violating this section aregoverned by section 169A.37.Subd. 18. Stop of vehicles bearing special plates. The authority of a peace officer to stop avehicle bearing special plates is governed by section 168.0422.History: 2000 c 478 art 1 s 36; 1Sp2001 c 8 art 12 s 9-11; 1Sp2003 c 2 art 9 s 15,16; 2004 c235 s 1,2; 2005 c 136 art 18 s 5,6; 1Sp2005 c 6 art 2 s 36; 2006 c 260 art 2 s 13,14